All WELL drafted ...but will BCCI be ready to come under the ambit
of RTI ?

What is
BCCI's argument ?

Over the years, since the RTI Act came into effect in 2005,
BCCI has strongly resisted the proposition to bring it within the ambit of
the RTI Act.

Its main contention has been two fold – that it is a
Society registered in Tamil Nadu and that it does not receive government
funds.

So it should be treated as a private entity, not public
authority.

Has any
attempt made by the government in this regards in past to bring it under RTI ?

In 2011, the then sports minister, Ajay Maken, piloted what
was called National Sports Development Bill based on the recommendations
of Justice Mukul Mudgal Committee.

The Bill made it categorically clear that only those sports
bodies which would agree to come under the purview of the RTI Act would
enjoy the right to use ‘India’ as the team’s name — “ In order
to represent India at international events and to have a right for a
particular sports federation to use ‘India’ or ‘Indian’ in the sport
scenario, the federation shall have to comply with Chapter IV (Unethical
Practices in Sports) and Chapter IX (Applicability of Right to Information
Act)”.

The message of the sports ministry was loud and clear — if the
BCCI wanted to continue as the body that was responsible for the selection
of the official Indian cricket team for international games, then it could
not escape the RTI net.

But then the sports minister’s bold proposal to reform the
sports bodies came to a nought when the Manmohan Singh cabinet rejected the Bill. The rejection was on expected lines. There were
several ministers in the Manmohan government who had built deep routes in
the BCCI over the decades; they presided over the kitty comprising
thousands of crores; they wanted to keep the shenanigans of the BCCI under
wraps. Neither did the BJP made any kind of hue and cry ...kyunki sab mile huye hai ji !!!

The CIC intervention !!!

In 2013, Madhu Agarwal, an RTI activist, sought information from
the BCCI regarding some of its policies. But the BCCI refused to respond to her
request. She then moved the Central Information Commission (CIC) for a
directive to the BCCI to provide the information.On 10 July, 2013, the CIC sent
notice to the BCCI to appear before it and present its case. But the BCCI
refused to take cognisance of the CIC notice saying that it did not come under
the ambit of the RTI Act and therefore it was not duty-bound to respond to it.
When CIC threatened to resort to penal provisions owing to the non-response,
the BCCI moved the Madras High Court to restrain the CIC from proceeding on the
matter. The high court at Chennai has stayed the CIC proceedings. The matter
remains sub judice, a fact alluded to by the Lodha committee. The issue,
central to the CIC notice and the subsequent stay by the Madras High Court, is
whether BCCI should be construed as a Public Body.

The Supreme Court intervention though not in context of RTI !!

A television network had moved the Supreme Court under the Article 32 of the constitution
(direct jurisdiction of the Supreme Court to protect the Fundamental Rights
enshrined in the Constitution) to challenge the BCCI’s decision to
abrogate the contract for sports coverage.

The Supreme Court had refused to entertain the case under
Article 32 of the Constitution, as it said that the BCCI could not
be designated as ‘state’.

But at the same time, the apex court made a significant observation—

the BCCI regulates and controls the game of cricket in
India to the exclusion of all others;

it chooses the national team;

It is not just a body undertaking private activity; it is
performing public duty.

Therefore, it would come under the writ jurisdiction of the
high courts under the Article 226 of the Constitution.

The Lodha committee report has largely reiterated what the
Supreme Court had observed about the BCCI 10 years ago, in a different context.

So what's significant in LODHAji's report ?

Lodha committee recommendation asking Parliament to enact a
law to bring BCCI under the RTI Act is bound to come a cropper, given the
past experience.

It would only be possible if the Supreme Court endorses the
CIC position and makes BCCI amenable to the RTI Act by a judicial
pronouncement.

IOD's
opinion !!

The BCCI should by and large accept the Justice
Lodha panel recommendations and implement them just as Cricket Australia (CA)
did with the governance review of David Crawford and Colin Carter.